(6) After A Search Is Conducted Under Sub vs State Fo Delhi on 28 April, 2022
(ix) The manner of recovery is not confidently clearly and cogently
set forth. This has been the overriding peculiar circumstance of this
case that the black color polythene which was found containing 105
gms. of heroin is recovered from the left hand of the accused in the
personal search of the accused and none of the recovery witnesses
including the empowered officer had seen the accused carrying a
black color polythene in her left hand, or hiding /concealing
something in her left hand. It is discovered by W/Ct. Pooja for the
first time when she was present with the accused inside the
government vehicle that accused is carrying a black color polythene
with some heavy substance inside in her left hand. Such
unexplained circumstances therefore would warrant that the
compliance of section 50 of the Act in accordance with the mandate
of H'ble the Apex Court in Arif Khan, and compliance of section
50(4) as per the observation of H'ble the High Court of Delhi made in
Mamta's case, was desirable.